The government has doubled down on its threats to crush the July 31 nationwide demonstrations against Constitutional Amendment Act No. 3 (CAA3), with authorities insisting that aggrieved citizens should seek relief through the courts instead of the streets.
The stance came amid an escalating security crackdown that has seen the government warn that security services will be deployed in full force to deal with any unrest.
Home Affairs minister Kazembe Kazembe last week issued a stern warning against the planned demonstrations, saying law enforcement agencies would decisively deal with any illegal activities.
Opposition activist Bhekimpilo Mbedzi is behind bars, while several opposition figures have also reported threats, including anonymous messages and acts of vandalism, for allegedly plotting the July 31 protests.
Leaders of the National Constitutional Assembly (NCA) opposition party were forced to reschedule a meeting after police cordoned off the party's offices recently.
Critics say the developments point to a systematic clampdown on civic space and violate Section 59 of the constitution, which guarantees every person the right to demonstrate and present petitions peacefully.
Home Affairs permanent secretary Raphael Faranisi dismissed suggestions that the government was suppressing constitutional freedoms, directing the opposition to the courts for relief instead.
“Our constitution guarantees the right to protest as long as it is legal and you follow the right procedures,” Faranisi told The Standard in an interview.
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“If you want to demonstrate for a good cause, what you have to do is approach the nearest police station, inform them of the purpose of the demonstration, the time and the route, and there will be an assessment based on security considerations”.
Faranisi said authorities had to strike a balance between demonstrators' rights and those of other citizens.
“Mind you, even when you protest, those people going about their ordinary day-to-day business also have a right to free movement, so there ought to be a balance,” he said.
“As long as you are protesting legally and it has been cleared, there is nothing wrong with that.
“The government is not compromising the rights of citizens.”
He denied accusations that authorities were clamping down on opposition activists.
“We haven't clamped down on anyone.
“When we issue a statement, it's just a reminder to citizens that if you wish to do anything, do it correctly.”
Faranisi said despite widespread mobilisation for the July 31 protests on social media, the government had not received any formal notification from organisers.
“It's all over social media that there is going to be a protest, but we have not seen any letter seeking permission,” he noted.
“We are not stopping anybody from petitioning or expressing their concerns publicly. But it must be done legally.
“That is the underlying word: legally. For it to be legal, there are procedures that must be followed.
“If they still disagree, they can go to court. The court has the final say.
“There are so many cases where the government is brought to account.
“The government has lost some cases in court, so on this one, the same applies.”
However, Faranisi’s assertion that authorities had not received any notification appears to be contradicted by correspondence from Zapu.
In a letter dated July 24 addressed to the officer commanding Harare province, the opposition party formally notified police of its intention to hold a gathering at Africa Unity Square on July 31 in terms of the Maintenance of Peace and Order Act (Mopa).
The notice identified Zapu secretary-general Mthulisi Hanana as the convener and vice-president Derek Katsenga as deputy convener.
According to the notification, the gathering seeks to express opposition to CAA3, arguing that the amendments ought to have been subjected to a referendum under Section 328 of the constitution before being enacted.
Zapu also argues that the amendments undermine constitutional rights, including political rights protected under Section 67 of the constitution.
Meanwhile, Sungano yeVanhu–Ubumbano loMphakathi (People's Coalition), one of the groups campaigning against the constitutional changes, announced that while it supported citizens' constitutional right to peacefully stay away on July 31, it was not the organiser of the action.
Addressing journalists on Friday, the coalition convener, Reverend Kupakwashe Mtata, described the planned stay-away as a citizen-led initiative that reflected a shift from dependence on political parties towards grassroots democratic action.
“The Coalition expresses solidarity with the citizen-led, decentralised initiative,” Mtata said.
“It recognises the call for a referendum on CAA3 as a legitimate expression of popular sovereignty.”
The coalition said citizens remained entitled to exercise their constitutional rights peacefully and lawfully under Section 59 of the constitution, including choosing to stay at home on July 31.
It also alleged that the campaign against CAA3 had been met with intimidation.
Among the incidents cited were the continued detention of Mbedzi, criminal cases against Zimbabwe National Students Union members, threats against coalition leaders, vandalism at the workplace of the coalition’s convener, and alleged plans to arrest opposition leaders.
The coalition further accused the government of attempting to legitimise CAA3 through misinformation.
“An unconstitutional act does not become constitutional just because it is printed,” Mtata said.
Addressing the same press conference, politician Munyaradzi Gwisai said the constitution remained the supreme law and guaranteed citizens the right to peaceful protest.
“Section 59 allows the citizens of this country the right to protest. We must not create this fear,” Gwisai said.
“We have endorsed the stay-away, because remember we have said that July 31 is an organic, people-driven action.”
Constitutional lawyer Lovemore Madhuku expressed confidence that several Constitutional Court applications challenging CAA3 would be successful.
“There is a limit to which the courts can actually bend the rules,” he said.
“Some people think they are captured. When you talk to people in Zanu PF, they simply say they are in control of the courts. They are totally mistaken.”
Madhuku said he expected the first constitutional challenges to be heard in September, with related applications likely to be consolidated according to the legal issues they raise.
President Emmerson Mnangagwa went against his public promises not to seek to extend his stay in power after signing the controversial constitutional amendments into law, which effectively suspended elections until 2030.
The 83-year-old ruler was originally expected to step down in 2028 when his term comes to an end.
